you'll see why you soon won't be able to pick it up at your local news stand or the local airport. that's ahead on this thursday fox report. >>> the defense of marriage law is unconstitutional. that is the ruling from a federal appeals court in new york in a legal battle that is already headed to the u.s. supreme court. the law defines marriage as one between a man and a woman which means the federal government does not recognize same-sex marriages. an appeals court in boston has also ruled that law unconstitutional. legal experts say they expect the supreme court to hear the case within the next year. lab tests say there is a definite link between the meningitis outbreak and the pharmaceutical company that produced the sainted steroid shots. that's new today. it comes as research shows early detection of this disease. feds raided the massachusetts company the day before yesterday and today the centers for disease control and food and drug administration confirmed finding fungus in unopened vials of the medication. the cdc reports more than 250 infections across 16 states, the ones